Terms and Conditions Karadag Advocatuur 2021
  1. Karadag Advocatuur is a law firm established under Dutch law (eenmanszaak) and is registered with the Chamber of Commerce under the number 54059968
  2. Within Karadag Advocatuur all assignments will occur between the client and the firm upon an attorney’s acceptance of an assignment. Karadag Advocatuur meets the Regulation on Professional Competence conditions.
  3. Assignment
  4. These Terms and Conditions are applicable to all activities performed by Karadag Advocatuur, including any subsequent assignment, or modified additional assignment
  5. The legal relationship between Karadag Advocatuur and its clients are subject to Dutch law.
  6. All assignments are deemed to be exclusively commissioned to and accepted by Karadag Advocatuur, even though one or more partners or staff members in particular are implicitly or explicitly entrusted with an assignment. Applications of Article 7:404 and 7:407 of the Dutch Civil Code (Burgerlijk Wetboek) is excluded.
  7. A contract to the sole proprietorship will only be deemed to be accepted if the lawyer has been confirmed in writing by the client.
  8. The accepted assignment leads for Karadag Advocatuur to an obligation, not a result. The lawyer performs the assignment with due diligence.
  9. During the absence of the lawyer Karadag Advocatuur shall arrange an observer.
  10. Accomplishment of assignments entrusted to the firm will exclusively take place for the benefit of the client. Third parties cannot make any claims whatsoever on the basis of any assignment accomplished for a client.
  11. Karadag Advocatuur will consult with clients before outsourcing any work to third parties. Karadag Advocatuur shall not be held liable for the work third parties perform for the benefit of clients without prejudice to its obligation to observe due care in selecting these third parties and if this is reasonably possible with the client to discuss about the involvement of third parties.
  12. Except if Karadag Advocatuur is guilty of intent or gross negligence, clients shall indemnify the law firm for any claims, debts and legal action, as well as any losses, expenditures and damages Karadag Advocatuur might suffer in connection with such claims and/or litigation any third party might have or introduce against Karadag Advocatuur at any time and directly or indirectly resulting from or connected with the assignments or services (to be) accomplished by Karadag Advocatuur, on behalf of this client, and/or otherwise related to the assignment with which client entrusted Karadag Advocatuur.
  13. Karadag Advocatuur can, unless otherwise agreed, have communication with the client or his contact person via email. Karadag Advocatuur cannot guarantee that the messages and / or files sent by email are safe or virus-free. Karadag Advocatuur is not liable for loss or damage caused by the use of electronic communication.
  14. Secrecy
  15. Both the lawyer and the other employees of the firm are required to disclose any details of the cases handled by the office.
  16. Money Laundering and Terrorist Financing (Prevention) Act (Wwft) and Legal Regulation Dutch Bar
  17. In accordance with the applicable regulation and the based office policy thereon, clients must be identified prior to the provision of services. Karadag Advocatuur is furthermore obliged to report unusual transactions.
  18. Karadag Advocatuur processes data from clients as referred to in the Personal Data Protection Act in its administration. Karadag Advocatuur confirms the client’s identity to the clients on the basis of an identity document shown.
  19. Fees, disbursements, and payments
  20. The attorney will be due fees and disbursements. Understood as part of retainers are payment of costs to be specified, such as court registration fees, travel and lodging costs, valuation costs, legal fees, registration fees as well as costs of solicitors, bailiffs, couriers etc. Payment of non-specified office costs of 5% (such as postage, telephone, fax and copying costs) and value added tax VAT due. An assignment is only performed by Karadag Advocatuur after payment of the agreed advance payment, unless previously agreed otherwise in writing. Any advance payment will be deducted from the final invoice within the framework of the contract.
  21. Unless otherwise agreed, clients shall owe Karadag Advocatuur a fee calculated on the basis of the numbers of hours spent, multiplied by the relevant rates of Karadag Advocatuur. The hourly rates are adjusted annually. The lawyer works are quoted in units of time of at least 6 minutes (1/10 of an hour).
  22. Karadag Advocatuur is authorized and will charge separately for any disbursements (such as court, extracts, etc.). Travel expenses are charged separately, as well as for other client-funded costs.
  23. The invoice for the rendered work will be sent in general end of each month. Invoices must be settled within 14 days after the date of issuance, unless otherwise is agreed in writing, counting from the date of the invoice. Karadag Advocatuur is also entitled to charge the work which rendered on an interim base to the client.
  24. Failure to pay the invoice will result in the client and the assignor being in default and will be charged a legal interest rate on the amount owed. Karadag Advocatuur is authorized to suspend the work/activities if an invoice is not settled with the payment term.
  25. If in case of an assignment whereby the costs for legal aid are reimbursed by the Leal Aid Board, Karadag Advocatuur will assume that the information provided by the client is correct.
  26. The client declares that he agrees with the provision of this information in the connection of obtaining the compensation by Karadag Advocatuur to third parties, such as the Legal Aid Board and the Tax authorities. Karadag is not liable for any consequences of this provision.
  27. The payment of the invoices by the client must be made on account of the Rabobank in the name of Karadag Advocatuur bank account number NL53 RABO 01491.07.404
  28. Only payment by bank transfer to account in the name of Karadag Advocatuur bank account or cash payment (only until the maximum amount that has been generally accepted by law) against proper receipt of payment leads to remission of the client.
  29. Both the client and Karadag Advocatuur can terminate the assignment. Karadag Advocatuur will observe a reasonable term in this regard. If Karadag Advocatuur decides to terminate the assignment, the client must still pay the outstanding fee and outstanding disbursements as well as the fee not yet declared including disbursements.
  30. General Data Protection Regulation (GDPR) in Dutch Algemene Verordening Gegegevensbecherming (AVG)
  31. In connection with Regulation on Legal profession, Karadag Advocatuur is obliged to establish the identity of the clients and/or his representative by registering a passport number or the number of another Identity document. By accepting these general terms, the client cooperates with this and agrees to obtain, store and process information as described below. When necessary, the client declares to have obtained the necessary consent where necessary for the provision of personal data.
  32. The personal data provided by the client can be processed at any time in accordance with the GDPR. Where the client indicates, this processing will take place with his instructions, subject to the exceptions mentioned below. Karadag Advocatuur takes care of the correct technical and organizational measures to protect the personal data provided by the client against unauthorized or unauthorized processing, accidental loss, destruction, or damage. Karadag Advocatuur assumes that the client also authorizes Karadag Advocatuur where necessary, to engage third parties for the storage of this data insofar as this is done in accordance with the foregoing.
  33. The personal data of third parties engaged by Karadag Advocatuur may only be used by the client for the indicated purpose for which that information was provided to Karadag Advocatuur.
  34. Unless the context otherwise requires, the wording used in this article has the meaning assigned to it in the GDPR.
  35. Trust account third party
  36. Karadag Advocatuur does not receive any third-party funds and therefore does not have a third-party account.
  37. Liability
  38. Karadag Advocatuur carries professional liability insurance for the firm. All liability is limited to the amount that is paid out under the firm's professional liability policy plus the amount of the deductible applicable to this insurance coverage.
  39. Liability arising from incomplete or untimely receipt of e-mails is excluded. Karadag Advocatuur accepts no liability for damage resulting from the action of viruses or software when receiving or opening e-mail messages.
  40. Archives
  41. Unless another agreement is made between attorney and client, after completions of the work the documents will be returned to the client. The case files will be stored in the archives for five years. After this time, they will be destroyed.
  42. Applicable law
  43. The legal relationship between Karadag Advocatuur and the client is subject to Dutch law. Any dispute arising out of such a legal relationship shall be submitted to the exclusive jurisdiction of the competent courts in the Netherlands is applicable.
  44. Improvements and Complaints
  45. Karadag Advocatuur will serve the client adequate and effectively. Client can access improvements and complaints to Karadag Advocatuur. Disputes shall in first instance be resolved by Karadag Advocatuur, described in the complaint regulation.
  46. Disclosure of Terms
  47. These general conditions are available in Dutch and English. In case of a dispute regarding their contents or intention, the Dutch language and version is binding. These Terms and Conditions are available on the Karadag Advocatuur: website www.karadag.nl. Karadag Advocatuur has the right to change its Terms and Conditions.